The Constitution of The Republic of Namibia - veritaszim

[Pages:76]The Constitution of

The Republic of Namibia

The Constitution of the Republic of Namibia

PREAMBLE

CHAPTER 1 Article 1 Article 2 Article 3

Table of Contents

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THE REPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Establishment of the Republic of Namibia and identification of its Territory National Symbols Language

CHAPTER 2 Article 4

CITIZENSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Acquisition and Loss of Citizenship

CHAPTER 3 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS . . . . . . . . . . . . . . . . . . . . . . . . . 9 Protection of Fundamental Rights and Freedoms Protection of Life Protection of Liberty Respect for Human Dignity Slavery and Forced Labour Equality and Freedom from Discrimination Arrest and Detention Fair Trial Privacy Family Children's Rights Property Political Activity Administrative Justice Culture Education Fundamental Freedoms Limitation upon Fundamental Rights and Freedoms Apartheid and Affirmative Action Derogation Enforcement of Fundamental Rights and Freedoms

CHAPTER 4 Article 26

PUBLIC EMERGENCY, STATE OF NATIONAL DEFENCE AND MARTIAL LAW . . . . 18 State of Emergency, State of National Defence and Martial Law

CHAPTER 5 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34

THE PRESIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Head of State and Government Election Term of Office Oath of Affirmation Immunity from Civil and Criminal Proceedings Functions, Powers and Duties Remuneration Succession

CHAPTER 6 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Article 43

CHAPTER 7 Article 44 Article 45 Article 46 Article 47

THE CABINET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Composition Functions of the Prime Minister Deputy-Ministers Oath or Affirmation Vote of No Confidence Duties and Functions Ministerial Accountability Outside Employment Secretary to the Cabinet

THE NATIONAL ASSEMBLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Legislative Power Representative Nature Composition Disqualification

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Article 48 Article 49 Article 50 Article 51 Article 52 Article 53 Article 54 Article 55 Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67

CHAPTER 8 Article 68 Article 69 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77

CHAPTER 9 Article 78 Article 79 Article 80 Article 81 Article 82 Article 83 Article 84 Article 85 Article 86 Article 87 Article 88

CHAPTER 10 Article 89 Article 90 Article 91 Article 92 Article 93 Article 94

CHAPTER 11 Article 95 Article 96 Article 97 Article 98 Article 99 Article 100 Article 101

CHAPTER 12 Article 102 Article 103 Article 104 Article 105

Vacation of Seats Elections Duration Speaker Secretary and other Officers Quorum Casting Vote Oath or Affirmation Assent to Bills Dissolution Conduct of Business after Dissolution Rules of Procedure, Committees and Standing Orders Duties, Privileges and Immunities of Members Public Access to Sittings Sessions Functions and Powers Withholding of Presidential Assent Signature and Enrolment of Acts Customary and Common Law Requisite Majorities

Page

THE NATIONAL COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Establishment Composition Term of Office of Members Oath or Affirmation Qualifications of Members Chairperson and Vice-Chairperson Powers and Functions Review of Legislation Quorum Voting

THE ADMINISTRATION OF JUSTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 The Judiciary The Supreme court The High Court Binding Nature of Decisions of the Supreme Court Appointment of Judges Lower Courts Removal of Judges from Office The Judicial Service Commission The Attorney-General Powers and Functions of the Attorney-General The Prosecutor-General

THE OMBUDSMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Establishment and Independence Appointment and Term of Office Functions Powers of Investigation Meaning of "Official" Removal from Office

PRINCIPLES OF STATE POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Promotion of the Welfare of the People Foreign Relations Asylum Principles of Economic Order Foreign Investments Sovereign Ownership of Natural Resources Application of the Principles contained in this Chapter

REGIONAL AND LOCAL GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Structures of Regional and Local Government Establishment of Regional Councils The Delimitation Commission Composition of Regional Councils

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Article 106 Article 107 Article 108 Article 109 Article 110 Article 111

CHAPTER 13 Article 112 Article 113

CHAPTER 14 Article 114

CHAPTER 15 Article 115 Article 116 Article 117 Article 118 Article 119 Article 120 Article 121 Article 122 Article 123

CHAPTER 16 Article 124 Article 125 Article 126 Article 127

CHAPTER 17 Article 128 Article 129

CHAPTER 18 Article 130

CHAPTER 19 Article 131 Article 132

CHAPTER 20 Article 133 Article 134 Article 135 Article 136 Article 137 Article 138 Article 139 Article 140 Article 141 Article 142

Article 143

CHAPTER 21 Article 144 Article 145 Article 146 Article 147 Article 148

Regional Council Elections Remuneration of Members of Regional Councils Powers of Regional Councils Management Committees Administration and Functioning of Regional Councils Local Authorities

Page

THE PUBLIC SERVICE COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Establishment Functions

THE SECURITY COMMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Establishment and Functions

THE POLICE AND DEFENCE FORCES AND THE PRISON SERVICE . . . . . . . . . . . . 52 Establishment of the Police Force The inspector-General of Police Removal of the inspector-General of Police Establishment of the Defence Force Chief of the Defence Force Removal of the Chief of the Defence Force Establishment of the Prison Service Commissioner of Prisons Removal of Commissioner of Prisons

FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Transfer of Government Assets The State Revenue fund Appropriations The Auditor-General

CENTRAL BANK AND NATIONAL PLANNING COMMISSION . . . . . . . . . . . . . . . . . . 55 The Central Bank The National Planning Commission

COMING INTO FORCE OF THE CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Coming into Force of the Constitution

AMENDMENT OF THE CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Entrenchment of Fundamental Rights and Freedoms Repeal and Amendment of the Constitution

THE LAW IN FORCE AND TRANSITIONAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 57 The First National Assembly Election of the First President Implementation of this Constitution Powers of the Nastional Assembly prior to the Election of a National Council Elections of the First Regional Councils and the First National Council Courts and Pending Actions The Judicial Service Commission The Law in Force at the Date of Independence Existing Appointments Appointment of the First Chief of the Defence Force, the First inspector-General of Police and the first Commissioner of Prisons Existing International Agreements

FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 International Law Saving Definitions Repeal of Laws Short Title

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SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8

SCHEDULES

Page

OATH/AFFIRMATION OF JUDGES . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

OATH/AFFIRMATION OF MINISTERS AND DEPUTY-MINISTERS . . 64

OATH/AFFIRMATION OF THE NATIONAL ASSEMBLY AND THE NATIONAL COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY . . . . . . . 65

PROPERTY VESTING IN THE GO VERNMENT OF NAMIBIA . . . . . . 65

THE NATIONAL FLAG O F THE REPUBLIC OF NAMIBIA . . . . . . . . . 66

IMPLEMENTATION OF THIS CONSTITUTION . . . . . . . . . . . . . . . . . 66

REPEAL OF LAW S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

AMENDMENTS TO THE CONSTITUTION

Nam ibian Constitution First Am endment Act, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Nam ibian Constitution Second Amendm ent Act, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

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PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all

members of the human family is indispensable for freedom, justice and peace;

Whereas the said rights include the right of the individual to life, liberty and the pursuit of

happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic status;

Whereas the said rights are most effectively maintained and protected in a democratic

society, where the government is responsible to freely elected representatives of the people, operating under a sovereign constitution and a free and independent judiciary;

Whereas these rights have for so long been denied to the people of Namibia by colonialism,

racism and apartheid;

Whereas we the people of Namibia -

have finally emerged victorious in our struggle against colonialism, racism and apartheid; are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle; desire to promote amongst all of us the dignity of the individual and the unity and integrity of the Namibian nation among and in association with the nations of the world; will strive to achieve national reconciliation and to foster peace, unity and a common loyalty to a single state; committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality and fraternity,

Now therefore, we the people of Namibia accept and adopt this Constitution as the

fundamental law of our Sovereign and Independent Republic.

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CHAPTER 1

The Republic

Article 1 Establishment of the Republic of Namibia and Identification of its Territory

(1)

The Republic of Namibia is hereby established as a sovereign, secular,

democratic and unitary State founded upon the principles of democracy, the rule

of law and justice for all.

(2)

All power shall vest in the people of Namibia who shall exercise their sovereignty

through the democratic institutions of the State.

(3)

The main organs of the State shall be the Executive, the Legislature and the

Judiciary.

(4)

The national territory of Namibia shall consist of the whole of the territory

recognised by the international community through the organs of the United

Nations as Namibia, including the enclave, harbour and port of Walvis Bay, as

well as the off-shore islands of Namibia, and its southern boundary shall extend

to the middle of the Orange River.

(5)

Windhoek shall be the seat of central Government.

(6)

This Constitution shall be the Supreme Law of Namibia.

Article 2 National Symbols

(1)

Namibia shall have a National Flag, the description of which is set out in Schedule

6 hereof.

(2)

Namibia shall have a National Coat of Arms, a National Anthem and a National

Seal to be determined by Act of Parliament, which shall require a two-thirds

majority of all the members of the National Assembly for adoption and

amendment.

(3)

(a) The National Seal of the Republic of Namibia shall show the Coat of Arms

circumscribed with the word "NAMIBIA" and the motto of the country, which

shall be determined by Act of Parliament as aforesaid.

(b) The National Seal shall be in the custody of the President or such person whom the President may designate for such purpose and shall be used on such official documents as the President may determine.

Article 3 Language

(1)

The official language of Namibia shall be English.

(2)

Nothing contained in this Constitution shall prohibit the use of any other language

as a medium of instruction in private schools or in schools financed or subsidised

by the State, subject to compliance with such requirements as may be imposed

by law, to ensure proficiency in the official language, or for pedagogic reasons.

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(3)

Nothing contained in Sub-Article (1) hereof shall preclude legislation by

Parliament which permits the use of a language other than English for legislative,

administrative and judicial purposes in regions or areas where such other

language or languages are spoken by a substantial component of the population.

CHAPTER 2

Citizenship

Article 4 Acquisition and Loss of Citizenship

(1)

The following persons shall be citizens of Namibia by birth:

(a) those born in Namibia before the date of Independence whose fathers or mothers would have been Namibian citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and

(b) those born in Namibia before the date of Independence, who are not Namibian citizens under Sub-Article (a) hereof, and whose fathers or mothers were ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers were not then persons:

(aa) who were enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

(bb) who were career representatives of another country; or

(cc) who were members of any police, military or security unit seconded for service within Namibia by the Government of another country: provided further that this Sub-Article shall not apply to persons claiming citizenship of Namibia by birth if such persons were ordinarily resident in Namibia at the date of Independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in Namibia at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;

(c) those born in Namibia after the date of Independence whose fathers or mothers are Namibian citizens at the time of the birth of such persons;

(d) those born in Namibia after the date of Independence who do not qualify for citizenship under Sub-Article (c) hereof, and whose fathers or mothers are ordinarily resident in Namibia at the time of the birth of such persons: provided that their fathers or mothers are not then persons:

(aa) enjoying diplomatic immunity in Namibia under any law relating to diplomatic privileges; or

(bb) Who are career representatives of another country; or

(cc) who are members of any police, military or security unit seconded for

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